B KARUNANIDHI Vs. B UMAKESWARAN

JUDGEMENT

(1.) THE suit is one aiming to get Letters of Administration, based upon a Will, said to have been executed by one S. A. Balu Naicker, who expired on 14. 6. 1987.

(2.) S. A. Balu Naicker and Muniammal are the parents of the plaintiff, defendant and one Manomani (the first respondent in the O. P. and not a party to the TOS, since not contested), the plaintiff and the defendant being the sons, the said Manomani being the daughter. According to the plaintiff, S. A. Balu Naicker had executed the Will, bequeathing his properties, on 9. 9. 1983, which is duly attested and thereafter, he died on 14. 6. 1987. The mother of the parties, Muniammal, also died on 25. 9. 1995, after the death of Balu Naicker. When the Original Petition was filed by the plaintiff, seeking to issue Letters of Administration, annexing the Will, in his favour, as against the defendant and the said Manomani, since the defendant filed the caveat, the O. P. was converted into this TOS.

(3.) THE defendant, in his written statement, would contend that in the property covered under the Will, he is entitled to half share, since he had also contributed funds to build up the, superstructure; that pursuant to the same, even during the lifetime of Balu Naicker, one portion was allotted to him; that his father did not execute the alleged Will in a sound disposing state of mind and in this view, it is not a genuine one, which would be clear from the fact that the alleged Will is brought into existence by the plaintiff only after the lifetime of his mother, in order to suppress the truth, and therefore, the plaintiffs not entitled to any relief.